SANJEEV JAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant petition under Sec. 482 of the Code of Criminal Procedure, 1973 has been preferred on behalf of accused-petitioner with a prayer for quashing of impugned F.I.R. bearing No.1001/2016 registered at Police Station Vaishali Nagar, Jaipur City (West) for offences punishable under Ss. 420, 406 and 120-B of Indian Penal Code and consequent proceedings thereof, qua the accused-petitioner only.

(2.) During the course of arguments, it has been submitted by the learned counsel appearing for the accused-petitioner, that a complaint was filed against the respondent No.2 and others, which resulted into registration of F.I.R. No.0110/2018 at Police Station Ranibagh Delhi for offences punishable under Ss. 406 and 420/34 of I.P.C. It has further been submitted that on complaint of the respondent No.2, impugned F.I.R. bearing No.1001/2016 came to be registered at Police Station Vaishali Nagar, Jaipur City (West) for offences punishable under Ss. 406, 420 and 120-B of I.P.C. against the petitioner and another. It has also been submitted that during the proceedings under F.I.R. registered at Police Station Ranibagh, Delhi against the respondent No.2, the respondent No.2 was arrested and remanded to the judicial custody. During trial, the respondent No.2 through his brother - Ashutosh Bansal has settled all his grievances with the petitioner and the company M/s. Gomtesh Promoters Private Limited (Now Gomtesh Promoters LLP) vide MOU dtd. 25/10/2019 (Annexure-2) and in view of this MOU, the respondent No.2 was granted regular bail.

(3.) It has been contended by learned counsel appearing for the accused-petitioner that when the respondent No.2 was on bail, a controversy regarding the payment by the respondent No.2, had taken place against which another settlement/agreement dtd. 6/2/2021 (Annexure-3) between the petitioner and respondent No.2 has been arrived before the Delhi Mediation Centre, Rohini District Court, Delhi, wherein it was agreed that the petitioner and respondent No.2 will cooperate with each other in getting their respective F.I.R. quashed before the concerned Court. It has further been contended that in view of settlements dtd. 25/10/2019 and 6/2/2021, F.I.R. bearing No.110/2018 registered at Police Station Ranibagh, Delhi for offences punishable under Ss. 406 and 420/34 of I.P.C. was quashed by the High Court of Delhi, vide its order dtd. 24/3/2021 against the respondent No.2. It has also been contended that the dispute between the parties have amicably been settled and no useful purpose will be served by continuing with F.I.R. No.1001/2016 registered at Police Station Vaishali Nagar, Jaipur City (West) against the petitioner, whereas the respondent No.2 wants to proceed with the present F.I.R. against the accused-persons other-than the petitioner. Lastly, it is prayed that the present petition may be allowed and the impugned F.I.R. and the proceedings pending qua the petitioner only may also be quashed.